But over the years, these requirements have done little to protect Americans from warrantless searches. Information about Section 702’s operation can be gleaned from official disclosures, court opinions, and a 2014 report by the Privacy and Civil Liberties Oversight Board, an independent government watchdog. These sources show that, rather than “minimize” the sharing and retention of Americans’ communications, the NSA regularly shares raw Section 702 data with the FBI, the CIA, and the National Counterterrorism Center, and these agencies keep that data for at least five years.
According to a recent government report, that’s exactly what’s happening. The Office of the Director of National Intelligence recently disclosed that in 2021 the FBI conducted up to 3.4 million warrantless searches seeking Americans’ phone calls, emails, and text messages — using a law that, on paper, can only be used to spy on foreigners overseas.